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To: lentulusgracchus
Therefore, Chase's and the other Lincoln appointees' real reason for holding as they did was a consequentialist one: "As former warmakers, we can't afford to have these issues come back to us!"

Absolutely!

Re 14A, further: There was never any question of binding e.g. the BoR to the States before 14A, but since then Northern pols and judges have been very selective about which articles apply: AJ Sonia Sotomayor only a couple of years ago, as an appellate judge in a firearms case, flatly denied that the Second Amendment is bound to the States (in the face of the language of 14A).

This is true as well but who else has noticed?

565 posted on 02/27/2010 7:34:47 PM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: Bigun
This is true as well but who else has noticed?

Well, one can hope that at least the people on this board will know about it, and notice, when the Justices start screwing around with our RKBA again .... ;)

Thomas Jefferson predicted that the federal courts would start doing this, after Marshall grabbed off the exclusive right of interpreting the Constitution in Marbury.

"It's Wednesday, and this is my friend Bob, so the Bill of Rights applies."

578 posted on 02/28/2010 7:01:00 AM PST by lentulusgracchus
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